PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – JANUARY 16, 2007
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Jim Horgan,
David Kestner, David Meehan – Alternate, Gerry Gibson - Alternate
Absent: Don MacVane – With notification
Selectmen’s Rep: Paul Parker
Staff Present: Doreen T. Hayden.
S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission
Public Present: Jerry McCarthy, John Theriault, Charles Wibel
Chairman King called the meeting to order at 6:06 p.m.
1st order of business is to review and approve meeting minutes of 12-05-2006; Jim Horgan motions to approve as written, 2nd David Meehan; no further discussion; Hiram Watson and Gerry Gibson abstain from voting; all those in favor; motion passes.
Chairman King seats David Meehan – Alternate for absent Don MacVane and seats Gerry Gibson – Alternate for resigned John Law.
· Continuation of Discussion: Re: Hazardous Mitigation State Plan: Jim Horgan motions to continue with this discussion to the March 20, 2007 Planning Board Workshop Meeting; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
· Strafford Regional Planning Commission - Discussion by: Julie LaBranche asking the board for their views and suggestions of how SRPC shall support the board and what the needs over the next few months will be.
Julie LaBranche has 3 points of topic for discussion; (1) General discussion on any Planning Board major issues of importance relating to Site Review(s) and Subdivision Regulation(s); (2) Check list and impact assessment sheets – she has not seen any of those (3) Her general response on Waldron Woods Subdivision.
Hiram Watson asks how much time she could afford; Julie LaBranche states that they have proposed to the BOS a contract with 10 hours of support time initially; however recently has sent in a revised contract to increase those hours to 15; has not heard back from the BOS on their approval or disapproval of the request.
Julie LaBranche implies that the checklist form that she has been given is quite comprehensive and is better from what she’s seen in other towns; she advises the board that she and Michelle Beauchamp had discussion with Doreen T. Hayden that when applicants have projects that will need a planners review Doreen T. Hayden will set-up an appointment with the applicant and notify S. R. P. C. (Strafford Regional Planning Commission) of the appointment. These appointments could be held in Dover at the S. R. P. C. facility or here in the Municipal Office.
Hiram Watson states that he would like to see the Master Plan worked on now and that they should get a copy from Doreen T. Hayden.
Chairman King would like S. R. P. C. to concentrate on the Subdivision(s) and Site Review(s) improvements; overall relating to issues of – infrastructure, sidewalk requirements, bonding and securities and how those get put in place; he indicates that he is open for suggestions to streamline and make more useful; he further indicated that the check list was a newly developed form by the past Director of Planning and he would like to see it revised into smaller check lists that would cover (1) Lot Line Adjustments (2) Minor Site Review (3) Major Site Reviews.
David Kestner opinions that subdivisions are technically correct relating to the acreage however it is the footprint for the houses that are not clearly identifiable within the full acreages due to the contiguous land and wetland impact.
Paul Parker agrees with a lot of the comments that have just been presented; he would like to emphasize that the Master Plan be addressed, it’s been in the works for 4 years now, we also have the Chapter IV of the Master Plan on this evenings agenda for review as well as an implementation plan that needs to be devised in the very near future; in addition to keeping an eye on the Zoning Ordinance that requires constant review and readjustments.
Julie LaBranche asks if the implementation section of the Master Plan is comprehensive for the whole Master Plan; Paul Parker states that he believes it is “full encompassing”.
Julie LaBranche asks for clarity on the density clarification; Paul Parker replies that at one time it was at 5000 square feet and now the changes are to make it 10000 square feet.
Chairman King asks Julie LaBranche if she has questions on the memos that she addressed to the Planning Board regarding her comments for review, does she just want the board members to answer her questions or does she have other topics for discussion.
Julie LaBranche related that she is in agreement that the checklists should be changed specifically as indicated above for smaller application(s) / review(s) and confirms that a checklist for Minor and Major applications be developed. Julie LaBranche adds that the applicant(s) need to delineate what category the wetlands are. Flag and delineations of the wetlands at application time as these are required by the Zoning Ordinance to acquire a Special Use Permit; Chairman King thanks Julie LaBranche for the “good catch” in determining that a Special Use Permit be applied for at application time when wetlands are involved. Julie LaBranche advises that these Special Use Permits carry a 2-year expiration time and if not complete within that time frame the applicant would be required to apply for an
extension(s).
Julie LaBranche moves on to the Excavation Project by Floyd Tanner and questions whether or not this has applicability to the Health Ordinance relating to Wellhead and Ground Water Protection; she feels that it would be applicable if they were digging down; but this application is for the leveling of a hill.
Julie LaBranche has one last item to cover that being the Waldron Woods project and the Class II Wetlands on the properties; she indicates possibility of one Class III wetland that is quite complex and thinks that there could be open water and will discuss this with the applicants on Thursday at the TRC Meeting; she feels there is definitely Class II impacts.
Chairman King reviews the Waldron Woods Phased Development that the Planning Board had previously approved and allowed the development to fall under.
Julie LaBranche discusses the defining factor on determining builds out with Chairman King and asks how the board got to the yield count. She also indicates that she would like to see the Applicant apply for the Special Use Permit concurrently of the application or at the onset; Jim Horgan suggests that the Special use Permit be applied for concurrently; all board members agree that would be acceptable.
Julie LaBranche asks for ideas from the board members about process improving.
Chairman King indicates that he would be more than willing to entertain any suggestions, all board members agree that anything would be most helpful; Paul Parker thanks Julie LaBranche for her observation(s) of the checklist being greatly appreciated and adds that anything she can input to the board would be most helpful.
Julie LaBranche thanks the board for their time, closes her portion by throwing out some suggestions on how to bill back the applicant(s) for the time provided by S. R. P. C.; suggesting (1) billable type hours – dividing out their time as similar to an Attorney; they could bill out to each of the clients relating to S. R. P. C. time spent on the applications; Paul Parker asks if they could supply a planners list with specific hours with a day set-aside for in office support; Julie LaBranche advised the discussion that she, Michelle Beauchamp and Doreen T. Hayden had regarding coverage time, Julie LaBranche also suggested the possibility of being in the Municipal Office 1 ½ hours prior to Planning Board Meetings and possibly 1 hour after the TRC Meeting to hold meetings with applicants; Jim Horgan stated that
before we get to ahead of ourselves that the Board of Selectmen first need to approve the change in contract hours from 10 to 15 hours.
· Continuation of Discussion: Re: Chapter IV of the Master Plan.
Chairman King motions to continue this discussion to the next Planning Board Workshop Meeting of 02-20-2007; 2nd Jim Horgan; discussion; Paul Parker adamantly stated that this continuation has been going on for too long and although he doesn’t have a problem tonight we need to get this Chapter IV review done; we’ve been putting this off for too long; David Meehan opinions that if we do not address this tonight that this should become mandatory for the next Planning Board Workshop Meeting; David Kestner and Hiram Watson could go either way, but Hiram Watson reminds the board that Jim Horgan needs to leave by 9:00pm; all those in favor; Chairman King, Hiram Watson, Jim Horgan, David Kestner, David Meehan, Gerry Gibson; opposed – Paul Parker.
· Any other business to come before the board.
Chairman King has a couple of items to address:
(1) Reads an abutter Notice of Public Hearing in Milton regarding the development of 14-lots.
(2) Reads a letter into the record from TF Moran dated 01-04-2007 regarding the withdrawal of application by EquiVise.
(3) Reads notification of cell tower into the record.
(4) Asks for any questions or comments from the board members, none heard.
(5) Asks for any questions or comments from the public, none heard
The (3) proposed zoning amendments are described as follows:
1. Multiple changes to the table of permitted uses.
Chairman King advises that the Table of Permitted Uses (T. O. P. U.) as changed is available at the Town Clerks Office and that a copy should be given to Ed Mullen – Farmington Cable TV to post on the T.V. for the public viewing; Chairman King also indicates that he spoke with Ed Mullen regarding this and he suggested that the board could possibly have some air time; Chairman King volunteered his willingness to be spokesperson on the air.
Ed Mullen stepped up and suggested that once the material has been complete the process takes about ½ - ¾ of hours; he indicated the format will be a question and answer type interview going over what changes have been made and the detail of those changes; Ed Mullen indicates that he will develop the list of questions, pose them to Chairman King and he would answer those; Jim Horgan motions to appoint Chairman King as spokesperson for the changes; 2nd David Meehan; no further discussion; all those in favor; motion passes. Chairman King indicates that this will be set-up with Ed Mullen in the next couple of weeks and will be finalized after the 2nd Public Hearing on 01-30-2007.
Chairman King opens the floor to the public for comment either for or against the suggested changes;
Charles Wibel steps forward; first he makes formal offer with his letter of interest and resume to the Planning Board to fill one of the open positions on the S. R. P. C. board and asks that Mr. Parker recuse himself from the vote as he is also applying for one of the open positions. Charles Wibel also discusses his Route 11 ideas, talks about various ratable(s) for the Town, terms of value in the Commercial Zone as being the highest, 2nd would be residential, then Office Research and lastly the IB Zone as least valuable. He elaborates on how Rochester is developing Route 11 and looking towards a loop road to the Ten Rod Road area to add commercial business. He poses a questions to the board regarding the High School accreditation; noting that typically the Office Research interested parties look to
see if there will be potential students to fill employment positions coming out of the Farmington School District; however with the school not be accredited this will drive away any potential business park development; Charles Wibel offers his views on what is presently located in the Office Research Zone; speaks about the Town of Farmington being the 26th most expensive tax rated town in the State of New Hampshire; he asks the board members if any of them are meeting with the Town of Rochester’s Planning Board to discuss their proposed loop road at Ten Rod Road; he does not believe that Farmington is prepared to deal with this increased traffic flow;
Chairman King notes that he is leaving the floor open for further discussion.
Chairman King polls the members of the board asking for their input; Jim Horgan and Hiram Watson are okay with the changes; Gerry Gibson states he’s too new to comment; Chairman King speaks about the feedback he’s received from the members of the public regarding the allowance of Dog Kennels in the AR Zoning District – unanimously heard “no”; Chairman King also notes that there is an error in the changes in the T. O. P. U.; in the SR Zone for Dog Kennels it should have been a dash not PR. Chairman King opens discussion; Jim Horgan reflects on the noise and inability to limit the noise; Paul Parker reflects that the discussion at one time was about the number of dogs allowed and that the board was going to review before making any changes; Hiram Watson states it should be put back to SE
until a determination has been made, on the specifics and a definition developed. Paul Parker would like to make a motion to see it reverted back to SE in the AR & RR and a Variance (dash) in the SR; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King turns over to David Meehan to discuss Section VI – Commercial & Industrial Drive Through Eating and the inconsistencies. David Meehan advises that on the last page of the T. O. P. U. under Accessory Uses in the VC District it was voted by the board to change the use from PR to SE, however in the previous page under Principal Uses 4th bulleted item; for Drive Through Eating Place in the VC District it was left as PR and should be changed to SE for consistency; Chairman King indicates that he is in favor of that change; Jim Horgan motions to change the Drive Through Eating Place in the VC District from PR to SE to keep consistent, 2nd David Meehan; no further discussion; all those in favor; motion passes.
Chairman King reminds the public that the floor is still open and if you would like to give input to raise your hand and he’ll give you the floor to ask your question(s) or give your view(s).
Jim Horgan asks respectfully of Mr. Chairman that before we get too far in on the meeting that we acknowledge the gentleman in the 1st row whose been sitting patiently; Mr. Chairman acknowledges asking the citizen to speak, he identifies himself as Mr. John Theriault and he is here tonight to ask the Planning Board for their endorsement of a letter that he has developed requesting that Cherub Drive be accepted as a Town of Farmington road. Mr. Theriault states that he understands he is not on the agenda and if the board can not hear his concern that is not a problem. Chairman King thanks Mr. Theriault for his patience and states that if the board has time we could discuss your concerns, Mr. Theriault acknowledges stating that he understands the board position.
Chairman King suggests that the T. O. P. U. be posted for a 2nd Public Hearing asking Doreen T. Hayden what the dates of submission are; in reviewing the calendar it was determined that the Public Hearing notice must be sent to Fosters – tomorrow – Wednesday, January 17, 2007 for submission into Fridays edition of January 19, 2007; Paul Parker motions to accept those changes as amended to the T. O. P. U. and to post for a 2nd Public Hearing; 2nd Jim Horgan; discussion; board discusses date for an additional Planning Board Meeting to hold an Open Public Hearing forum on these changes; determination was made the additional meeting will be Tuesday, January 30, 2007 at 6:00pm for the Public Hearing; no further discussion; all those in favor; motion
passes.
2. Three amendments to insert new definitions in section 1.14 of the zoning
ordinance.
Chairman King calls for input from the public; Gerry McCarthy steps forward asking for more explanation of the Club and Lodges definition; asking if that would have any affect if something like the Gun Club as originally proposed last year before the ZBA; Chairman King reads the definition of Club and Lodges; Paul Parker volunteers to read all 3 new definitions into the record; there is multiple discussions between Chairman King, Paul Parker and David Kestner on the specifics of Wind Generators and the requirements to be defined.
Jim Horgan motions to accept as presented and to post for the January 30, 2007 additional Public Hearing Meeting; 2nd Paul Parker; no further discussion; all those in favor; motion passes.
3. A zoning amendment submitted by the board of selectmen regarding maximum net residential density.
Chairman King reads Amendment #3 into the record, calls for any comments from the public.
Charles Wibel steps forward and asks the board if they dropped the 2nd part of the density definition; Chairman King stated no and David Kestner provided the descriptive section of the Zoning Ordinance for Charles Wibel to review as listed under the UR Zoning District. Charles Wibel comments the last town assessment was based on 5000 feet, he feels this could diminish the values of the property owners and people could file for adjustments on their land as it would not be as valuable; Charles Wibel defines Urban as meaning tighter density versus suburban.
David Meehan opinions that by restricting builders to an old style is not the way to go, Victorian style housing is restricting and does not stand up any longer, these are being torn down; the standards for engineering new construction okay but not old style. Charles Wibel and David Meehan banter back and forth on their views in this regard.
Chairman King offers his assessment values thinking that there is an error on the part of Charles Wibel; as Mr. Wiley the Town of Farmington Assessor was here and had explained in great detail the changes in the density and what the impact of assessed value would be; Chairman King states that the current size of the UR Zoning District is too large.
Gerry McCarthy offers that the reason the Board of Selectmen wanted to put it in is due to last years not being brought forward in a timely fashion. Gerry McCarthy reviews his findings describing the territory that the UR District actually covers; and in his opinion and others the swing is that 5000 square feet is a disaster and the only change is from 5000 square feet to 10000 square feet; Gerry McCarthy states that the Board of Selectmen would like the support of the Planning Board and addressing this issue next year.
Chairman King calls for any other public comment.
Bill Vachon steps up and reviews last years petition having 70 signatures and that the people in the Town of Farmington don’t want houses on top of one another, he would like to see the board support this request.
Jim Horgan states that he is still not ready to support the change in density and not ready to put forth an amendment, feels that in a few years down the road the board will change their minds again on the density issues, would like to see a more thorough review however; if the board wants to change I will stand behind and support; he just would like to see that the board makes the right decision.
Hiram Watson states that he does not live in the area, but he’s here to support the people.
Gerry Gibson offers that he’s pretty new, but would go with the people.
David Kestner said last year the petition was for the wrong Zone, he doesn’t have a problem supporting what the people want.
Paul Parker adds that we are here to represent and support the people, last time we didn’t look at the whole package by correcting the problem and addressing it as a whole package.
David Meehan is in support with statement by Jim Horgan, don’t support the change; feels there is a lot of unbuildable land; understands the people concerns and doesn’t want to see an inner city Boston, feels it will cut the tax base in ½.
Chairman King replies that most of the UR Zone is not in the downtown area; this is for good quality in the downtown area and would support the article as put forth.
Paul Parker motions to accept and approve the change from 5000 Square Feet to 10000 Square Feet; 2nd David Kestner; all those in favor; Chairman King, Hiram Watson, David Kestner, Paul Parker, Gerry Gibson; opposed – Jim Horgan and David Meehan; motion passes.
Gerry McCarthy thanks the board for their support.
Chairman King has one more thing for discussion; The Board of Selectmen is putting forth a warrant article appointing the Planning Board for the C. I. P. (Capital Improvement Plan); Jim Horgan is not in favor; Hiram Watson is in favor of the Warrant Article; Chairman King is also in favor further stating the Board of Selectmen hold a big part of the responsibility in selection to spend as the voters see fit; David Kestner is in favor; Paul Parker also in favor and to move forward as this is something we absolutely need; David Meehan concurs; Chairman King reads the legal interpretation; Gerry McCarthy states the Board of Selectmen appoints the members to the C.I.P. Committee; Paul Parker interjects there is (1) from the Budget Committee, (1) from the Planning Board and (1) Board of Selectmen that sit in on the C.I.P.
Committee.
Chairman King Motions to have the Planning Board approve the Warrant Article for the C. I. P. Appointment (Capital Improvement Plan); 2nd Hiram Watson; all those in favor; Chairman King, Hiram Watson, David Kestner, David Meehan, Gerry Gibson, opposed – Jim Horgan; abstention – Paul Parker; motion passes.
8:20 pm
Chairman King offers Mr. John Theriault to come forward and present his concerns; Mr. Theriault stated that there is no association in Cherub Estates; he acknowledged that he and the other residents in Cherub Estates did receive a letter from the Town of Farmington regarding the legality of the road and the disagree, he is representing the citizens of Cherub Estates and wants the Town of Farmington to take over the road, further stating that they were never told of such an association or the road being private; Chairman King asks Mr. Theriault who told him that and Mr. Theriault stated at the closing by the developer and the Real Estate Agent; Chairman King told Mr. Theriault that they had no authority to speak on behalf of the Town of Farmington and believes that this is not the first time that the Town of Farmington has
been misrepresented. Mr.
Theriault discusses his observations, presents a letter that he says was extracted from the Town of Farmington files, letter written by a past Code Enforcement Office Paul Charron, dated 11/22/2002; Chairman King read the letter into the record and then advised Mr. Theriault that there is a compliance hearing for the developer coming up at the next Planning Board Meeting of February 6, 2007. Mr. Theriault believes there will be no problem with obtaining signatures for a warrant article; Chairman King opinions various options of road notification prior to development as well as association documents. Mr. Theriault addresses a couple of safety issues the residents are concerned with; (1) school bus backing up the road to go down Bay Road or Waldron Road; and (2) there are several elderly residents in the development
and if there is a bad storm and can’t get out then what happens. Paul Parker interjects that he’s concerned whether the road is built to Town of Farmington specifications. Chairman King indicates there is approximately 20.87 miles of private road of which approximately 3 miles have shared driveways and that to start taking over the road is not an easy feat and that the Road Agent has been tasked to develop a plan to address the issue of road acceptance.
Charles Wibel steps forward stating that he highly recommends the Planning Board stay away from any endorsement of Private Roads as once you accept one there will be a line at the door looking for the same. Charles Wibel also offers information that there are existing liens against the developer from a lumber company and also 2 of the homes in that development are also with liens against them this is all of public record. Gerry Gibson opinions that he is kind of new and does not pay any dues, doesn’t know who to pay to; he was sort of told it was a private road; was assured by developer the road would be plowed; he’s read some meeting minutes and became more aware of the issues within the development.
Charles Wibel suggests that an age factor should be the determining factor to accepting road.
David Meehan approaches the subject of the entrance and exit to the Valley View School calling is a disaster and that a plan should be developed to address; when his drops his child off a 7:45 am and picks back up at 2:15 it is terrible; Jim Horgan suggests that a look be taken a the Valley View Landscape plan to see what alternatives are there; David Meehan advises that he has spoken with the superintendent and she is willing to have a general discussion with the Planning Board to try and develop a resolution to the entrance and exit at Valley View School; Jim Horgan suggests that this be assigned to S. R. P. C. and to provide them with a plan of the campus for their review.
Paul Parker stressed that before we start looking at other projects, the board needs to address Chapter IV of the Master Plan and the Implementation Section, this has been 4 years in the making.
Chairman King motions to have S. R. P. C. review and write a report on their findings of the Valley View Plans and see if there is any recourse to solve the entrance and exit issues at the School; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
8:58 pm
Jim Horgan motions to adjourn; 2nd Hiram Watson, no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 02-06-2007
______________________________________ ______________________
Charlie King, Chairman Date
Farmington Planning Board
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